Evolving Free Speech Legislation Threatens the Rights of Property Owners [Video] by Allen Matkins Leck Gamble Mallory & Natsis... on 4/13/2012 There is conflict between the free speech rights guaranteed by the U.S. Constitution and the right of shopping mall owners. Shopping malls are considered pseudo public spaces by California courts so many free speech tenets...more
Free Speech and Shopping Malls: Resources to Help Landlords and Property Owners Stay Compliant [Video] by Allen Matkins Leck Gamble Mallory & Natsis... on 4/13/2012 Ever since the Pruneyard decision, public shopping malls have been seen as an extension of the public square. Although the property is private, protesters have free speech rights granted by the U.S. and California...more
Property and Business Owners' Precondemnation Damages Claims Dismissed by Brad Kuhn on 11/22/2011 We've covered in the past the impacts property and business owners suffer when government agencies plan for public projects. We've also covered when agency planning crosses the line and results in precondemnation damages or...more
Justice Scalia Predicts Kelo v. City of New London Will be Overturned by Brad Kuhn on 10/21/2011 When we think of some of the most well-recognized and controversial decisions from our judicial system, cases like Roe v. Wade (abortion) and Dred Scott v. Sandford (slavery) come to mind. Within our group of right of way...more
Americans with Disabilities Act for Public Works (Presentation) by Low, Ball & Lynch on 10/15/2011 In This Presentation: - The ADA “Nightmare”; History: - Congress enacted the Americans with Disabilities Act in 1990; - Title II applies to public entities: “Subject to the provisions of this subchapter, no qualified...more
Guggenheim v. City of Goleta, California Brief of Manufactured Housing Institute as Amicus Curiae in Support of the Petitioners by Robert Thomas on 4/13/2011 Today, on behalf of the Manufactured Housing Institute, we filed this amicus brief (also available below) in the U.S. Supreme Court in Guggenheim v. City of Goleta, No. 10-1125 (petition for cert. filed Mar. 11, 2011). In...more
New ADA Service Access and Facility Design Changes Implemented by the Department of Justice by Miller & Martin PLLC on 4/1/2011 Most companies are familiar with the “thou shalt not discriminate in any employment practices or decisions” part of the federal Americans with Disabilities Act (ADA). Such companies thus should be aware that this law has...more
“Squatters Rights” to be axed in the UK and new Government Guidance by PHILIP HENSON on 3/25/2011 Many of my followers outside the UK ask me about the rather bizarre nature of “squatter’s rights” in the UK. How can members of the public take over vacant properties (such as Saif Gaddafi’s Hampstead home, or Guy Ritchie’s...more
ADA Changes Effective March 15, 2011: What it Means for Your Business by Jackson Walker on 3/14/2011 The U.S. Department of Justice’s amended Final Rule, which substantially revises and expands the regulations implementing the Americans with Disabilities Act (ADA), becomes effective on March 15, 2011. The revisions set forth...more
Kubicki v Mortgage Electronic Registration Systems et al. County Sheriff May Appoint Special Deputies by Written Agreement to Execute Foreclosures by Carson Tucker on 2/22/2011 In this case, the Michigan Court of Appeals found nothing improper in a signed agreement by a county sheriff and a process serving company wherein the president of the process serving company was appointed a special deputy...more
Constitutional and SEQRA challenge to local law restricting landlords fails as court holds law valid Fourth Department decision holds local law valid by Reuben Ortenberg on 2/18/2011 A landlord association challenged by a hybrid Article 78 and Declaratory Judgment action a Village of Brockport, New York local law, LL8-2008, which requires landlords to register their properties with the code enforcement...more
Recovering Business Damages in Condemnation Cases by Anthony DellaPelle on 2/16/2011 Are business losses compensable as part of "just compensation" when a business property is taken by eminent domain? This article surveys the circumstances around the United States in which business profits and good will may...more
The DOJ's New ADA Regulations and Accessibility Guidelines by Duane Morris LLP on 1/28/2011 Guidelines Affect Places of Public Accommodation, and State and Local Governmental Entities On Sept. 15, 2010, the U.S. Department of Justice (DOJ) published new final regulations in the Federal Register under Title II and...more
After you buy a property ....... by S Hemanth on 12/15/2010 Purchase of immovable property comprises various steps, broadly categorised as post and pre-registration. Here are few measures the purchaser is required to take after purchase of the...more
Ohio Education Law Monthly (November 2010) by Dinsmore & Shohl LLP on 11/3/2010 In This Issue: Court Allows a Citizen's Civil Rights Claims to Proceed Against a School Board President Accused of Silencing Speech A U.S. District Court in Virginia recently held that a jury should decide whether to...more